[Congressional Record Volume 150, Number 129 (Sunday, October 10, 2004)]
[Senate]
[Pages S11176-S11177]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  CALIFORNIA MISSIONS PRESERVATION ACT

  The Senate proceeded to consider the bill (H.R. 1446) to support the 
efforts of the California Missions Foundation to restore and repair the 
Spanish colonial and mission-era missions in the State of California 
and to preserve the artworks and artifacts of these missions, and for 
other purposes, which had been reported from the Committee on Energy 
and Natural Resources, with an amendment to strike all after the 
enactiing clause and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                               H.R. 1446

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S11177]]

     [SECTION 1. SHORT TITLE.

       [This Act may be cited as the ``California Missions 
     Preservation Act''.

     [SEC. 2. FINDINGS.

       [Congress finds the following:
       [(1) The California missions represent some of our Nation's 
     oldest historical treasures.
       [(2) The first of the California missions was founded in 
     1769, and eventually a chain of 21 missions and various sub-
     missions extended along the coast of California on El Camino 
     Real.
       [(3) The California missions contribute greatly to the rich 
     historical, cultural, and architectural heritage of 
     California and the American West.
       [(4) The knowledge and cultural influence of native 
     California Indians made a lasting contribution to the early 
     settlement of California and the development of the 
     California missions.
       [(5) More than 5,300,000 people visit the California 
     missions annually, and the historical importance of the 
     California missions extends worldwide as they have become a 
     frequent destination for foreign visitors to the United 
     States.
       [(6) The history of the California missions is an important 
     educational component in California schools, and the study of 
     the California missions is part of the Statewide fourth grade 
     curricula on California history.
       [(7) Restoration and repair of the California missions, and 
     the preservation of the Spanish colonial and mission-era 
     artworks and artifacts of the California missions, for the 
     public enjoyment will ensure that future generations also 
     have the benefit of experiencing and appreciating these great 
     symbols of the spirit of exploration and discovery in the 
     American West.

     [SEC. 3. SUPPORT FOR THE RESTORATION AND PRESERVATION OF THE 
                   CALIFORNIA MISSIONS.

       [(a) Definitions.--In this section:
       [(1) California missions.--The term ``California missions'' 
     means the following historic Spanish missions located in the 
     State of California and designated as California Registered 
     Historical Landmarks:
       [(A) Mission La Purisima Concepcion, Lompoc.
       [(B) Mission La Soledad, Soledad.
       [(C) Mission San Antonio de Padua, Jolon.
       [(D) Mission San Buenaventura, Ventura.
       [(E) Mission San Carlos Borromeo del Rio Carmelo, Carmel.
       [(F) Mission San Diego Alcala, San Diego.
       [(G) Mission San Fernando Rey de Espana, Mission Hills.
       [(H) Mission San Francisco de Asis, San Francisco.
       [(I) Mission San Francisco Solano, Sonoma.
       [(J) Mission San Gabriel Arcangel, San Gabriel.
       [(K) Mission San Jose, Fremont.
       [(L) Mission San Juan Bautista, San Juan Bautista.
       [(M) Mission San Juan Capistrano, San Juan Capistrano.
       [(N) Mission San Luis Obispo de Tolosa and its Asistencia 
     (sub-mission) of Santa Margarita de Cortona, San Luis Obispo.
       [(O) Mission San Luis Rey de Francia and its Asistencia 
     (sub-mission), Oceanside.
       [(P) Mission San Miguel Arcangel, San Miguel.
       [(Q) Mission San Rafael Arcangel, San Rafael.
       [(R) Mission Santa Barbara Virgen y Martir, Santa Barbara.
       [(S) Mission Santa Clara de Asis, Santa Clara.
       [(T) Mission Santa Cruz, Santa Cruz.
       [(U) Mission Santa Ines Virgen y Martir, Solvang.
       [(V) Asistencia San Antonio de Pala, Pala.
       [(2) California missions foundation.--The term ``California 
     Missions Foundation'' means the charitable corporation 
     established in the State of California in 1998 to fund the 
     restoration and repair of the California missions and the 
     preservation of the Spanish colonial and mission-era artworks 
     and artifacts of the California missions. The Foundation is 
     exempt from State franchise and income tax and is organized 
     and operated exclusively for charitable purposes under 
     section 501(c)(3) of the Internal Revenue Code of 1986.
       [(3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       [(b) Grants Authorized.--The Secretary of the Interior may 
     make grants to the California Missions Foundation to support 
     the efforts of the California Missions Foundation to restore 
     and repair the California missions and to preserve the 
     artworks and artifacts associated with the California 
     missions. As provided in section 101(e)(4) of the National 
     Historic Preservation Act (16 U.S.C. 470a(e)(4)), the 
     Secretary shall ensure that the purpose of a grant under this 
     section is secular, does not promote religion, and seeks to 
     protect those qualities that are historically significant.
       [(c) Application.--In order to receive a grant under this 
     section for the preservation of the California missions, the 
     California Missions Foundation shall submit to the Secretary 
     an application that includes--
       [(1) a status report on the condition of the infrastructure 
     and artifacts for each of the California missions; and
       [(2) a comprehensive program for restoration, repair, and 
     preservation of such infrastructure and artifacts, including 
     prioritized preservation efforts to be conducted over a 5-
     year period and the estimated costs of such preservation 
     efforts.
       [(d) Matching Fund Requirement.--The Secretary shall 
     require the California Missions Foundation to match grant 
     funds provided under this section.
       [(e) Report.--As a condition of a grant under this section, 
     the California Missions Foundation shall submit to the 
     Secretary an annual report on the status of the preservation 
     efforts undertaken using grant funds provided under this 
     section. The Secretary shall submit a copy of each report to 
     Congress.
       [(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary a total of $10,000,000 
     during the five-fiscal year period beginning October 1, 2003, 
     to make grants under this section. Funds appropriated 
     pursuant to the authorization of appropriations in this 
     section shall be in addition to any funds made available for 
     preservation efforts in the State of California under the 
     National Historic Preservation Act.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``California Missions 
     Preservation Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) California mission.--The term ``California mission'' 
     means each of the 21 historic Spanish missions and 1 
     asistencia that--
       (A) are located in the State;
       (B) were built between 1769 and 1798; and
       (C) are designated as California Registered Historic 
     Landmarks.
       (2) Foundation.--The term ``Foundation'' means the 
     California Missions Foundation, a nonsectarian charitable 
     corporation that--
       (A) was established in the State in 1998 to fund the 
     restoration and repair of the California missions; and
       (B) is operated exclusively for charitable purposes under 
     section 501(c)(3) of the Internal Revenue Code of 1986.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of 
     California.

     SEC. 3. COOPERATIVE AGREEMENTS.

       (a) In General.--The Secretary may enter into a cooperative 
     agreement with the Foundation to provide technical and 
     financial assistance to the Foundation to restore and 
     repair--
       (1) the California missions; and
       (2) the artwork and artifacts associated with the 
     California missions.
       (b) Financial Assistance.--
       (1) In general.--The cooperative agreement may authorize 
     the Secretary to make grants to the Foundation to carry out 
     the purposes described in subsection (a).
       (2) Eligibility.--To be eligible to receive a grant or 
     other form of financial assistance under this Act, a 
     California mission must be listed on the National Register of 
     Historic Places.
       (3) Application.--To receive a grant or other form of 
     financial assistance under this Act, the Foundation shall 
     submit to the Secretary an application that--
       (A) includes a status report on the condition of the 
     infrastructure and associated artifacts of each of the 
     California missions for which the Foundation is seeking 
     financial assistance; and
       (B) describes a comprehensive program for the restoration, 
     repair, and preservation of the infrastructure and artifacts 
     referred to in subparagraph (A), including--
       (i) a description of the prioritized preservation 
     activities to be conducted over a 5-year period; and
       (ii) an estimate of the costs of the preservation 
     activities.
       (4) Applicable law.--Consistent with section 101(e)(4) of 
     the National Historic Preservation Act (16 U.S.C. 
     470a(e)(4)), the Secretary shall ensure that the purpose of 
     any grant or other financial assistance provided by the 
     Secretary to the Foundation under this Act--
       (A) is secular;
       (B) does not promote religion; and
       (C) seeks to protect qualities that are historically 
     significant.
       (c) Review and Determination.--
       (1) In general.--The Secretary shall submit a proposed 
     agreement to the Attorney General for review.
       (2) Determination.--A cooperative agreement entered into 
     under subsection (a) shall not take effect until the Attorney 
     General issues a finding that the proposed agreement 
     submitted under paragraph (1) does not violate the 
     establishment clause of the first amendment of the 
     Constitution.
       (d) Report.--As a condition of receiving financial 
     assistance under this Act, the Foundation shall annually 
     submit to the Secretary and to the Committee on Energy and 
     Natural Resources of the Senate and the Committee on 
     Resources of the House of Representatives a report that 
     describes the status of the preservation activities carried 
     out using amounts made available under this Act.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $10,000,000 for the period of fiscal years 
     2004 through 2009.
       (b) Matching Requirement.--Any amounts made available to 
     carry out this Act shall be matched on not less than a 1-to-1 
     basis by the Foundation.
       (c) Other Amounts.--Any amounts made available to carry out 
     this Act shall be in addition to any amounts made available 
     for preservation activities in the State under the National 
     Historic Preservation Act (16 U.S.C. 470 et seq.).

  The committee amendment in the nature of a substitute was agreed to.
  The bill (H.R. 1446), as amended, was read the third time and passed.




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